Case law

Amendments to Florida Rules of Criminal Procedure 3.851, 3.852 & 3.993

26 Fla. L. Weekly Supp. 644 · Supreme Court of Florida · Sep 26, 2001

We will also issue orders directing the chief judges in those circuits to assign such cases to qualified judges. … The outside of the container must clearly identify that the public record is confidential or exempt and that the seal may not be broken without an order of the trial court.

State Ex Rel. Attorney General v. City of Fort Lauderdale

102 Fla. 1019 · Supreme Court of Florida · Sep 29, 1931

The power so vested ‘to establish and to abolish municipalities, to provide for their government, to prescribe their jurisdiction and powers, and to alter or amend the same at any time,” necessarily implies the power to establish … The Legislature has not seen fit to delegate any of this power to the courts, except in the ease of small towns of less than one hundred and fifty qualified electors.

In Re Amendments to Rules of Juvenile Proc.

32 Fla. L. Weekly Supp. 87 · Supreme Court of Florida · Feb 8, 2007

The case plan must be written simply and clearly in English and the principal language of the parents, if possible. … (e) Entry of Separate Order Establishing Permanency.

Hill v. Beacham

79 Fla. 430 · Supreme Court of Florida · Apr 5, 1920

property and lands suitable for such enterprise and having information as to the residences and postoffice addresses of the owners, and possessing much experience in the cultivation of orange groves and orange culture he was qualified … If the allegations of the bill of complaint were established the complainant would be entitled to an accounting.

Smith v. Department of Ins.

507 So. 2d 1080 · Supreme Court of Florida · Apr 23, 1987

The right of the legislature to waive sovereign immunity and to place conditions on the waiver is plenary under article X, section 13, Florida Constitution. … Section 51 is clearly substantive because it sets the standard for establishing a claim for punitive damages.

Darling v. State

966 So. 2d 366 · Supreme Court of Florida · Jul 12, 2007

This Court has established that defense counsel is entitled to rely on the evaluations conducted by qualified mental health experts, even if, in retrospect, those evaluations may not have been as complete as others may desire … Arvizu admitted that she was only qualified to critique the laboratory protocol used in this case and was not at all qualified to challenge the actual test results.

Blackwell v. State

101 Fla. 997 · Supreme Court of Florida · Feb 26, 1931

Both veniremen testified that such opinions would readily yield to the evidence. ' While that statement alone will not qualify a juror against a clearly contradictory showing (Andrews v. State; Olive v. … "We are convinced therefore that the jury was not misled, nor was the defendant prejudiced by the omission of the word “reasonable”, in view of the clearly established facts in evidence. ' Defendant also - contends that the

Ronald Williams v. State of Florida

41 Fla. L. Weekly Supp. 73 · Supreme Court of Florida · Mar 3, 2016

Specifically, it expressly mandates only that a qualifying felony sentence run “consecutively to” any sentence imposed for a non-qualifying felony. … This controlling precedent establishes the following points of law for purposes of sentencing under the current 10-20-Life statute.

Union Bus Co. v. Smith

104 Fla. 569 · Supreme Court of Florida · Mar 26, 1932

The record does not show clearly how many of the five engaged in this joint enterprise were over the age of 21 years. … He qualified as being familiar with the arrangements of the lights. He described the several lights on the bus.

Farragut v. City of Tampa

156 Fla. 107 · Supreme Court of Florida · Jun 26, 1945

This decision clearly recognizes that judges of municipal courts are judicial officers. … This Section pi-ovides for the election of the municipal judge by the qualified electors of the City and sets forth in general terms his duties and powers, among Which is the power to issue search warrants upon affidavit

Kenneth J. Detzner, etc. v. Harry Lee Anstead

256 So. 3d 820 · Supreme Court of Florida · Oct 17, 2018

In other words, the summary clearly communicates what it is that voters are being asked to approve or reject, and Florida law does not require that it do more than that. See Evans v. … Establishes existing state college system as constitutional entity; provides governance structure.

Dayron Corp. v. Morehead

12 Fla. L. Weekly 394 · Supreme Court of Florida · Jul 16, 1987

At the worker's compensation hearing, a qualified physician testified that Morehead had a permanent sensitivity to the coolant, would be unable to work when exposed to it, but would have no impairment if not exposed to it … Stat. (1985). [2] Section 440.15(3)(a)3 says: In order to reduce litigation and establish more certainty and uniformity in the rating of permanent impairment, the division shall establish and use a schedule for determining

Goodkind v. Wolkowsky

151 Fla. 62 · Supreme Court of Florida · Jul 10, 1942

circuit court considered' the case en banc, and rendered an opinion in which it was held inter alia that the contract of employment and the discharge of the plaintiff before complete performance “seems to have been well established … But, as is our custom in practically all common law certiorari cases, except where portions of a'judgment are clearly divisible, we quashed the judgment as a whole, with directions for further proceedings not inconsistent

Clark v. State

395 So. 2d 525 · Supreme Court of Florida · Mar 5, 1981

When appellant brought marijuana into the prison, his conduct was clearly illegal and proscribed in understandable terms. … The legislature mandated that the "officer in charge of such institution" is the person qualified to designate the "regular channels" of entry to the prison.

Municipal Bond & Mortgage Corp. v. Bishop's Harbor Drainage District

133 Fla. 430 · Supreme Court of Florida · Jul 13, 1938

The Commissioners qualified, took oath and entered upon the performance of their duties and assessed damages and benefits that would accrue to • the lands and filed their report with the Clerk. … The bill of complaint in the present case does not directly allege that there was either a de jure or a de fado corporation, nor does it allege sufficient facts from which it could be clearly inferred that either a de j%ire

Davis v. State

698 So. 2d 1182 · Supreme Court of Florida · Jun 5, 1997

This statement was clearly admissible because Davis was fully informed of (and waived) his Miranda rights before the start of the taping session. See Oregon v. … In support of this argument, he cites to our decisions holding that in order for this aggravator to be established where the victim is not a law enforcement officer, the State must clearly show that the dominant or only motive

Phillips v. Lindsay Et Vir.

102 Fla. 935 · Supreme Court of Florida · Sep 19, 1931

The defense of usury having been set up by the defendants, the burden of proof was on them to establish it. Tucker vs. Fouts, 73 Fla. 1215 , 76 So. 130 . … but before entering the order he would "determine whether or not to add the words 'without prejudice.' " No objection was made by the defendants then or afterwards, prior to the rendition of the decree, to the court so qualifying

State ex rel. Buford v. Daniel

87 Fla. 270 · Supreme Court of Florida · Mar 19, 1924

It did not require an Act of the Legislature to render that recognition efficient or to establish her political status as one qualified to hold office. … The Act clearly attempts by this classification of persons by sex to “limit the exercise of the Governor’s executive judgment and discretion in selecting for appointment from among persons who are qualified for appointment

Crist v. FL. ASS'N OF CRIM. DEFENSE LAWYERS

978 So. 2d 134 · Supreme Court of Florida · Mar 13, 2008

The Justice Administrative Commission shall assist the regional counsel as necessary in establishing their offices. … The public defender shall be elected at the general election by the qualified electors of their respective judicial circuits as other state officials are elected and shall serve for a term of four (4) years.

Florida Dept. of State v. Martin

916 So. 2d 763 · Supreme Court of Florida · Nov 10, 2005

members of the legislature who are elected to perform those tasks, and [that the] administration of legislative programs must be pursuant to some minimal standards and guidelines ascertainable by reference to the enactment establishing … In other words, statutes granting power to the executive branch "must clearly announce adequate standards to guide . . . in the execution of the powers delegated.